Revelop Building & Development Pty Ltd v Cumberland Council [2024] NSWLEC 1403

Land and Environment Court New South Wales

Medium Neutral Citation: Revelop Building & Development Pty Ltd v Cumberland Council [2024] NSWLEC 1403 Hearing dates: Conciliation conference 17 June 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The applicant shall pay the respondent's costs thrown away, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $750, such costs to be paid within 28 days of these orders. (2) The appeal is upheld. (3) Development Application No DA2023/0512 seeking consent for the construction of an attached dual occupancy (being Stage 1) and the subsequent Torrens title subdivision of the dwellings for the end purpose of creating two semi-detached dwellings (Stage 2) at Lot 113 in Deposited Plan 1223098 otherwise described as 4 – 6 Buru Place, Pemulwuy, is granted consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Cumberland Local Environmental Plan 2021, cll 2.3, 2.6, 2.7, 4.1, 4.1B, 4.3, 4.4, 5.21, 6.2, 6.4, 6.7, 6.9, 6.12 Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Category: Principal judgment Parties: Revelop Building & Development Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: A Hemmings (Respondent) C McFadzean (Solicitor) (Applicant)